DIN Lapsed, Active non compliant

[Khushbu Joshi]

Dear Professionals,

Seeking guidance on an old company compliance matter.

Facts of the case:

* Private Limited Company incorporated in 1983.
* Current MCA status: ACTIVE – NON COMPLIANT.
* No directors are appearing in Company Master Data (Director details show "No Records Found").
* One of the erstwhile directors' DIN (DIN: 00239298) is showing status as "Lapsed".
* MCA portal does not reflect any active director/signatory for the company.
* Due to the above, filing of DIR-12, INC-22A (ACTIVE) and other compliance forms is not possible.

Has anyone dealt with a similar situation where:

1. No director is reflected in MCA records;
2. Existing DINs are in "Lapsed" status; and
3. Company is ACTIVE-NON COMPLIANT?

Would ROC intervention/representation be the only practical route, or is there any specific MCA process available for restoration of director details and regularization of compliances?

Any guidance, practical experience, or relevant ROC precedents would be highly appreciated.

Thank you.

[Keertu Hari]

Which roc?

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[Khushbu Joshi]

nagpur roc

[Amit Kumar Sinha]

Hello

1. If so many have passed without any action. why compliance needed now?

2. there must be other pending compliance viz Vat, Itrs, etc (possibly) or these may be updated,

3. Any way first Din should be activated by making petition to roc concerned.Din may be obtained in old filing documents

4. Next step application for activation be made to Roc/ Nclt/

 

Amit Kumar  Sinha

(Company Secretary)
M-0- 9718876023
Email-am...@gmail.com
aks...@rediffmail.com

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[Keertu Hari]

Lapsed din mean we need to apply fresh through dir 3 form.

When there is no director appearing on the master data means, please check the status of first directors appointed, din status.  Next step would be if no directors available then, application to Roc can be made by the shareholder or legal heir of shareholder only.

Thanks and Regards,

CS Balambika 

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[Khushbu Joshi]

What will be the procedure to file application to ROC? And that director has another DIN with is approved and associated with few other companies.

[Arun Kumar Maitra]

You cannot solve this entirely through standard front-end MCA portal processes. Backend ROC intervention is mandatory, but there is a structured, proven administrative pathway to achieve this without jumping straight to the National Company Law Tribunal (NCLT) for a full restoration.

The Practical Resolution Strategy

The standard procedure established by the Ministry of Corporate Affairs for a "no active director" deadlock involves a physical representation to the jurisdictional Registrar of Companies (ROC) to manually insert an authorized signatory into the backend database.

Detailed procedures backend ROC intervention are attached.

CA CS Arun Kumar Maitra

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